United States v. Yarbough

I agree with the majority’s analysis concerning the admissibility of Prosecution Exhibit 1 and their conclusion that it was prima facie admissible in this case. However, I disagree with the finding of the majority that there was no ineffective assistance of counsel.

The majority concede that the trial defense counsel had persuasive matters to argue against the admissibility of the nonjudicial punishment for cocaine use. Nevertheless, they conclude that neither the failure to object on the basis of these matters, nor the failure even to present evidence of nonfinality, constituted…